Payable-On-Death Bank Account: Pros And Cons (2024)

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A payable-on-death (POD) bank account simplifies and speeds up the process of transferring the assets in your bank or credit union accounts to one or more beneficiaries. Here’s a closer look at what a payable-on-death bank account is, how to set one up and the benefits and drawbacks of having one.

What Is a Payable-on-Death Bank Account?

A payable-on-death bank account lets you name one or more beneficiaries who will receive any money in the account after you die. Having a POD account simplifies the process of transferring your bank assets to your beneficiaries after death, as funds go directly to them and don’t get tied up in a lengthy probate process.

While not all bank accounts have to go through probate—especially if balances are low—having a POD account ensures your beneficiaries can access the funds in your bank accounts quickly and easily. This can be especially important if the money will be used to pay for funeral costs, as the burden of this expense often falls on family members.

POD accounts are popular because they’re free to set up and don’t require the use of an attorney. However, they’re not meant to serve as a substitute for a living trust or will. While POD accounts can cover simple financial situations, like transferring your bank account assets to a beneficiary, they’re less flexible and provide fewer protections for your beneficiaries than revocable living trusts.

How Does a Payable-on-Death Bank Account Work?

A POD account requires that you name one or more beneficiaries. POD beneficiaries can be individuals, groups of individuals, nonprofits, businesses, organizations or trusts. However, the owner or co-owner of your account can’t be named as a beneficiary.

There’s no limit to the number of POD beneficiaries you can name on an account, and in many states, each beneficiary must receive an equal share. For example, if you have $10,000 in a POD account with two beneficiaries, each will receive $5,000. If one of the beneficiaries dies before you do, the remaining beneficiary will receive $10,000.

To receive the funds, the beneficiary must show the bank a death certificate and personal identification along with a beneficiary letter of instruction. No third party, like a trustee or lawyer, is required.

What types of accounts can be POD accounts?

You can set up POD beneficiaries on the following types of financial accounts:

  • Checking accounts
  • Savings accounts
  • Certificate of deposit (CD) accounts
  • Individual retirement accounts (IRAs)
  • Investment accounts

These accounts can be co-owned, but only the owner of the account can designate POD beneficiaries.

Pros and Cons of Payable-on-Death Bank Accounts

While setting up a POD account may be the right choice in some circ*mstances, it isn’t always the best option. Consider the following pros and cons.

Pros of POD Bank Accounts

  • No monetary restrictions. Regardless of how much is in your bank account at the time of death, there is generally no restriction on how much money your beneficiaries can take out. However, beneficiaries are still responsible for paying inheritance taxes.
  • Free to set up. To set up a POD account, simply contact your bank and provide some basic information about your beneficiaries. You typically don’t need an estate planning attorney.
  • Only basic information required. To designate an individual as a beneficiary, you only need to provide their name, address, date of birth, country of residence and Social Security number (SSN) or Tax Identification Number (TIN). To designate an entity, you’ll need to provide the legal name of the entity, its address and an SSN or TIN.
  • Bank assets are not subject to probate. POD accounts are contractual, so your assets are not subject to a will or the probate process. This ensures your assets can be transferred to your beneficiaries quickly and efficiently.
  • Pays out faster than a life insurance policy. Beneficiaries only need to present a death certificate and beneficiary letter of instruction to receive funds right away. Life insurance policies can take up to 60 days to pay out.
  • Can change beneficiaries. You can change or remove the beneficiaries on your POD accounts at any time.

Cons of POD Bank Accounts

  • Limited to specific account types. POD beneficiaries can only be assigned to specific types of deposit and investment accounts. They are not a substitute for a living will, which specifies how other assets, like real estate, are to be distributed.
  • POD accounts typically override wills and trusts. Be sure your POD account doesn’t contradict your will. If you leave money to Jane in a POD account and forget that you also left this account to John in your will, Jane will likely receive the money.
  • POD accounts may forfeit certain tax strategies. If you’re a high-net-worth individual utilizing credit shelter trusts, marital trusts or generation-skipping trusts, transferring assets with a POD may result in a loss of tax advantages for your heirs.
  • Creditors may still have claims on POD assets. Having a POD doesn’t shelter your bank assets from creditors, especially if your probate assets don’t cover your liabilities after death.
  • Funds could run out before death. If your bank funds are depleted before your death due to medical or other expenses, this could result in an unintended loss for your heirs.
  • Beneficiaries could die before you. If this happens and you die without a living trust in place, your POD assets will go through the probate process.

Payable-on-Death Bank Account vs. In Trust For

An in-trust for (ITF) account is another financial account with one or more beneficiaries, but assets in the account are managed by a named trustee on their behalf. This can be beneficial if you have children and don’t want them to access your assets until they reach a certain age or meet certain conditions.

With a POD account, there’s no trustee managing your assets. When you pass, the assets go directly to your beneficiaries. It’s a simple way to distribute your funds without having to involve probate or a third party. It’s also less expensive than setting up an ITF, which may involve hiring a lawyer.

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The Bottom Line

POD accounts can play an important role in your estate planning by allowing your bank assets to transfer directly to your heirs without the need for probate. But they’re not a substitute for a living trust and may have certain tax drawbacks, especially for wealthy individuals.

As always, it’s a good idea to consult with a qualified financial consultant or lawyer to determine the best estate planning and tax strategies for your needs.

Payable-On-Death Bank Account: Pros And Cons (2024)

FAQs

Payable-On-Death Bank Account: Pros And Cons? ›

A Pay on Death (POD), aka Transfer on Death (TOD) and Totten Trust, allows the account owner to designate a specific beneficiary who will receive the funds in the account upon their death, bypassing the probate process.

What are the disadvantages of a payable on death account? ›

Cons of POD Bank Accounts
  • Limited to specific account types. ...
  • POD accounts typically override wills and trusts. ...
  • POD accounts may forfeit certain tax strategies. ...
  • Creditors may still have claims on POD assets. ...
  • Funds could run out before death. ...
  • Beneficiaries could die before you.
Aug 10, 2023

Does a POD bank account avoid probate? ›

A Pay on Death (POD), aka Transfer on Death (TOD) and Totten Trust, allows the account owner to designate a specific beneficiary who will receive the funds in the account upon their death, bypassing the probate process.

Can creditors come after a POD account? ›

Although these accounts pass directly to the beneficiary and bypass the probate process, if the executor does not have enough probate assets to pay the debts of the estate, creditors may be entitled to make a claim against the non-probate assets, including TOD/POD accounts.

Does pod override a will? ›

Typically, you can name multiple beneficiaries who will split the assets, but they'll likely split them evenly; only some states allow an unequal distribution of assets in a POD account. POD accounts override a last will and testament.

What is the problem with TOD accounts? ›

A TOD doesn't provide creditor protection for the beneficiaries the way a formal trust does, and most financial institutions don't allow TODs to name formal trusts as their beneficiaries. The institutions allow only individuals as beneficiaries of TODs. For asset protection, you might want to create a formal trust.

Is a trust better than Payable on death? ›

In trust for is usually better when you want to maintain a greater degree of control over the financial assets that you're passing on. Payable on death may be preferable when you simply want to ensure that a specific beneficiary inherits a financial account.

Is money inherited from a pod account taxable? ›

For a beneficiary to claim ownership of a POD account, they need to provide the bank with the owner's death certificate and their own ID. POD accounts, in some states, are subject to state inheritance, or death, taxes. POD accounts can also be claimed by creditors to whom the deceased is in debt.

Which is better, pod or beneficiary? ›

Designated beneficiaries receive the funds without having to wait for probate to conclude, which can take months. A POD or TOD account allows loved ones to get money almost immediately. Typically, all they need to provide is the death certificate and identification to the account-holding institution.

What is the difference between transfer on death and payable on death? ›

Transfer on death (TOD) accounts can easily be confused with POD accounts, as both facilitate the transfer of assets upon the account holder's death. However, they hold distinct types of assets. While POD accounts typically hold bank account funds, TOD accounts primarily contain securities and investment accounts.

Can a bank freeze a pod account? ›

Instead, I have seen other folks tried to use a pay on death designation, POD instead. This is not a bad idea, but most banks will still immediately freeze the account. This is because they will usually require a death certificate and an affidavit of survivorship by each of the surviving heirs.

Can beneficiaries demand to see deceased bank statements? ›

If a beneficiary requests access to financial institution statements and the executor refuses to provide them, the beneficiary can take legal action. They can follow the court for an order compelling the executor to reveal the requested information.

How long do bank accounts stay open after death? ›

The Federal Deposit Insurance Corp. continues to insure accounts for six months after an account holder dies, allowing the surviving account holder to redistribute funds to other accounts to keep them insured. Once the period elapses, FDIC coverage stops.

Is pod better than a trust? ›

If you want to control how your assets are distributed and provide security for your funds and some protection from creditors and lawsuits, a trust may be right for you. But, if you are looking for a simple and low-cost way to transfer assets to your beneficiaries, a POD account may be the way to go.

Can a pod withdraw money from a bank account? ›

That means that when the account owner (or the last surviving owner, in the case of a joint account) dies, the POD beneficiary can simply claim the money from the bank.

What rights do a pod have? ›

As long as you are alive, the person you named to inherit the money in a payable-on-death (POD) account has no rights to it. If you need the money, or just change your mind about leaving it to the beneficiary you named, you can spend the money, name a different beneficiary, or close the account. Need Professional Help?

What are the tax consequences of payable on death account? ›

There is no federal tax for beneficiaries of POD accounts. There will be an inheritance tax, or death tax, depending on the state, that will need to be settled before any money can leave the account. If the deceased has any debt that has not been settled, the money in the account must go to paying that off first.

Is TOD better than beneficiary? ›

A beneficiary form states who will directly inherit the asset at your death. Under a TOD arrangement, you keep full control of the asset during your lifetime and pay taxes on any income the asset generates as you own it outright. TOD arrangements require minimal paperwork to establish.

What happens to a POD bank account when someone dies? ›

A payable on death (POD) designation means your bank account automatically transfers to a beneficiary upon the death of all account owners and co-owners. Setting up a POD beneficiary allows you to plan for the future and make your financial wishes clear. What accounts can have POD beneficiaries?

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